These specifications have been prepared by Azar Design Co. for the exclusive use of ECHDC/ESD for the

Terminal B Safety Improvements project. (Azar Project No. 250136.00)

Buffalo Outer Harbor Terminal B Safety Improvements

ERIE CANAL HARBOR DEVELOPMENT CORPORATION

Erie Canal Harbor Development Corporation Empire State Development 95 Perry Street, 5th Floor Buffalo, NY 14203-3030

PROJECT MANUAL – VOLUME 1 OF 3

Procurement, Contracting, and General Requirements (Div 00–01)

Issued for Bid: June 29, 2026

Prime Consultant Azar Design Co., Architecture, Landscape Architecture, Engineering and Surveying, P.C.

295 Main St, Ste 200, Buffalo, NY 14203

(716) 856-3933

Structural Engineer

WSP USA

40 La Riviere Dr, Ste 320, Buffalo, NY 14202

Survey Patriot Design & Consulting PLLC 500 Canal View Blvd., Ste 300 Rochester, NY 14623

Lighting Designer Leni Schwendinger Light Projects 41 Union Square W, Studio 619, New York, NY 10003

THIS PAGE INTENTIONALLY BLANK

Project No. 250136.00

TABLE OF CONTENTS 000000 - 1

TABLE OF CONTENTS

VOLUME 1 OF 3 - PROCUREMENT, CONTRACTING, AND

GENERAL REQUIREMENTS (DIV 00–01)

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

000001 Bid Forms

000001.1 Site Electrical / Lighting Upgrades (CLL-1)

000001.2 Site Construction / Structural Repairs (CLL-2)

000002 Schedule A 000003 Owner-Contractor Agreement 000004 Owner-Contractor Supplementary Conditions 000005 Special Conditions 000006 Licensing & Permitting 000007 Prevailing Wage Rate Schedule

DIVISION 01 - GENERAL REQUIREMENTS

011000 Summary 011200 Scope of Work

011200.1 Site Electrical / Lighting Upgrades (CLL-1)

011200.2 Site Construction / Structural Repairs (CLL-2)

012200 Unit Prices 012300 Alternates 012500 Substitution Procedures 012600 Contract Modification Procedures 012900 Payment Procedures 013100 Project Management and Coordination 013200 Construction Progress Documentation 013233 Photographic Documentation 013300 Submittal Procedures 013516 Alteration Project Procedures 013529 Health and Safety 014000 Quality Requirements 014200 References 015000 Temporary Facilities and Controls

TABLE OF CONTENTS 000000 - 2

DIVISION 01 - GENERAL REQUIREMENTS, CONTINUED

016000 Product Requirements 017300 Execution 017419 Excavated Soil and Construction Waste Management and Disposal 017700 Closeout Procedures 017823 Operation and Maintenance Data 017839 Project Record Documents 017900 Demonstration and Training

VOLUME 2 OF 3 - TECHNICAL SPECIFICATIONS (DIV 02–32)

DIVISION 02 - EXISTING CONDITIONS

024100 Selective Demolition

DIVISION 03 - CONCRETE

032000 Concrete Reinforcing 033000 Cast-in-Place Concrete 039300 Concrete Rehabilitation

DIVISION 04 - MASONRY

044100 Dry Placed Stone

DIVISION 05 - METALS

055000 Metal Fabrications

DIVISION 09 - FINISHES

099000 Paints and Coatings

DIVISION 26 - ELECTRICAL

260519 Low-Voltage Electrical Power Conductors and Cables 260526 Grounding and Bonding for Electrical Systems 260529 Hangers and Supports for Electrical Systems 260533 Raceways and Boxes for Electrical Systems 260543 Underground Ducts and Raceways for Electrical Systems 260553 Identification for Electrical Systems 262726 Wiring Devices 265619 LED Exterior Lighting 265636 Exterior Accent Lighting (Feature Lighting System) [Bid Alternate E1]

TABLE OF CONTENTS 000000 - 3

DIVISION 31 - EARTHWORK

311000 Site Clearing 312000 Earth Moving 312500 Erosion and Sedimentation Controls

DIVISION 32 - EXTERIOR IMPROVEMENTS

321216 Asphalt Paving 321313 Concrete Paving 321816 Synthetic Grass Surfacing System 323113 Chain Link Fences and Gates 323300 Site Furnishings [Bid Alternate S1] 329113 Soil Preparation 329200 Turf and Grasses 329300 Plants

VOLUME 3 OF 3 - APPENDICES

APPENDICES

Appendices are provided for information only and are not Contract Documents.

Contractors shall verify all existing conditions and are responsible for their own means, methods, investigations, and construction planning.

Appendix A Draft Phase II Environmental Site Assessment (PII ESA)

Terminal B Redevelopment Project Manual Vol. 1 – BLDG-2 Appendix B Terminal B Sheet Pile Wall Inspection and Considerations Report

(Bergmann, November 2018) Appendix C Geotechnical Engineering Investigation Report

(Ravi Engineering, October 2020) Appendix D Terminal B Warehouse As-Built Drawings (c. 1968) Appendix E Terminal B Quay Wall Inspection Report

(Azar Design Co., September 2025)

END OF TABLE OF CONTENTS

Buffalo Outer Harbor | Terminal B Safety Improvements (Project No. 250136.00)

BIDDER:

BID FORM 000001.1

BID FORM - CONTRACT PACKAGE 1 - SITE ELECTRICAL / LIGHTING UPGRADES

Bid to: NYS Urban Development Corporation d/b/a Empire State Development (“ESD”) Erie Canal Harbor Development Corporation 95 Perry Street, 5th Floor Buffalo, NY 14203

Bid for: ECHDC Buffalo Outer Harbor – Terminal B Safety Improvements

Bid From: Name:

Address:

Phone:

Email:

We have examined and fully understand the requirements and intent of all documents released by ESD / ECHDC in connection with the Terminal B Safety Improvements Project, Invitation to Bidders including, but not limited to, the Specifications, Construction Documents and Attachments to the Bid Form listed below, and propose to provide all materials, plans, labor, supplies, equipment, transportation and other facilities necessary or proper for, or incidental to the work, to complete all work in strict accord with the foregoing documents for the Total Lump Sum Base Bid set forth below:

Total Lump Sum Base Bid: $

Total Lump Sum Base Bid (in Words):

BID ALTERNATES

The Owner reserves the right to accept or reject any Alternate, or any combination of Alternates, in any order, and to award the Contract on the basis of the Total Lump Sum Base Bid alone or in combination with any accepted Alternate(s). State below the amount to be ADDED to the Total Lump Sum Base Bid for each Alternate. Refer to the Specifications and Special Conditions for the complete scope of each Alternate. Each Alternate shall be priced; enter a numeric amount for each item below.

Alternate Description Add to Base Bid E-1 Feature Lighting System (Section 265636) ADD $

BIDDER:

ADDENDA

Receipt of the following Addenda is acknowledged. The Bidder affirms that the Total Lump Sum Base Bid set forth above includes all Addenda listed below:

Addendum Number Date

ATTACHMENTS TO BID FORM

We have enclosed with this Bid, the following mandatory documentation, fully executed:

1. Contractor Qualifications Statement

2. Affirmative Action Agreement

3. Debarment Certificate B

4. Certification Regarding Lobbying

5. Substitution Sheet

We have used no substitutions except as listed in the Substitution Sheet. We affirm that we are licensed by the City of Buffalo or have an application on file to obtain the minimum required licensing. We affirm that we (and our subcontractors and suppliers) are licensed by governing agencies of jurisdiction to complete the work and possess the requisite capabilities required by all documents released by ESD / ECHDC in connection with the Terminal B Safety Improvements Project, Invitation to Bidders including, but not limited to, the Specifications and Construction Documents, including specific qualifications identified therein, SIGNATURE: CORPORATE SEAL

Firm:

By:

(Signature)

Title:

Date:

BIDDER:

ATTACHMENT # 1: CONTRACTOR QUALIFICATIONS STATEMENT

Instructions: For a Bid to be declared responsive, the contractor must complete all sections of the Contractor Qualifications Statement. The signatory of this form guarantees the truth and accuracy of all statements and of all answers to interrogatories hereinafter made. All responses, except signatures, must be typed.

Note the term “you” or “your” and “your firm” indicates the Individual, Corporation, Partnership, Joint Venture (JV) or other entity responding herein.

SECTION 1: GENERAL BIDDER INFORMATION

Name of Contractor:

Address of Principal Office:

Is the responding firm an Individual, Corporation, Partnership, Limited Liability Company, Joint Venture (JV) or Other? If “Other”, please specify.

Contact Information for Principal/Owner:

Name:

Address:

Telephone (1):

Telephone (2):

Email:

Contact Information for Project Manager/Superintendent who will be directly managing the project:

Name:

Address:

Telephone (1):

Telephone (2):

BIDDER:

Contact Information for individual responsible for preparation of the Bid:

Name:

Address:

Telephone (1):

BIDDER:

SECTION 2: EXPERIENCE AND BACKGROUND OF THE ORGANIZATION

If your organization is a partnership or limited liability company, list names and addresses of partners or members; if a Corporation, list names of officers and directors and the State or Province of Incorporation.

How many years has your organization been in business as a Contractor under your present business name?

Do you presently have any outstanding subcontractor/supplier liens filed against you? ☐ Yes ☐ No

If yes, explain:

Is your organization signatory to a collective bargaining agreement? ☐ Yes ☐ No

Maximum Bonding Capacity:

Name and Address of Surety:

How many years has your organization had in construction work, similar to the work specified, as a:

General Contractor? Subcontractor?

BIDDER:

List several projects your organization has completed during the last five (5) years that are similar to the specified work. Project experience should relate to accelerated work schedules, completion of projects under critical deadlines, completion of projects under critical deadlines, projects where adjacent buildings, utilities, infrastructure, and communities required protection during the work. The work listed shall have been completed under the supervision of the individuals included in Section 1 of this questionnaire (Individuals directly responsible for work under this project): Add additional sheets if necessary:

Client

Principal Contact Telephone

Location of Work

Your organization’s role in this work

Type of Project and Brief Description

Contract Date Final Acceptance Date

Value of Work Performed $

Client

Principal Contact Telephone

Location of Work

BIDDER:

Client

Principal Contact Telephone

Location of Work

Location of Work

BIDDER:

Will your organization complete at least 50% of the work with in-house staff and/or labor forces?

☐ Yes ☐ No

Do you intend to use sub-contractors for any portions of the work? ☐ Yes ☐ No

If so which portions?

Have you ever failed to complete any work awarded to you? ☐ Yes ☐ No

Has any officer or partner of your organization ever been an officer or partner of some other organization that failed to complete a construction contract? ☐ Yes ☐ No

If so, state name of individual, other organization and reason:

Has any officer or partner of your organization ever failed to complete a construction contract handled in his own name? ☐ Yes ☐ No

If so, state name of individual, name of Owner and reason:

For what corporation or individuals have you performed work? Cite reference.

For what cities have you performed work? Cite reference.

For what States or Provinces have you performed work? Cite reference.

For what State Bureaus or Departments have you performed work? Cite reference.

BIDDER:

Have you ever performed any work for the U.S. Government? ☐ Yes ☐ No

Have you ever performed any work for the Canadian Government? ☐ Yes ☐ No

If so, when and to whom do you refer?

How would you classify your record on Affirmative Action, including Minority Subcontracting, Minority Hiring and Minority Training?

Provide a listing of projects (with references) where Affirmative Action requirements were specified.

In what other lines of business do you have a financial interest?

BIDDER:

SECTION 3: SAFETY RECORD OF THE ORGANIZATION

Has your organization been cited for any safety violations within the last 5 years? ☐ Yes ☐ No

If yes, list the year, citing agency and brief description of each violation:

BIDDER:

SECTION 4: CONTRACTOR'S BUSINESS REFERENCES

Provide a list of references: List only engineers, other contractors, architects, or owners, including public agencies for whom you have done work. Include references for projects where mandatory minority participation was included.

Principal Contact:

Firm or Agency

Address

Telephone

Principal Contact:

Firm or Agency

Address

Address

Address

BIDDER:

Address

Address

Address

BIDDER:

SECTION 5: CONTRACTOR’S FINANCIAL REFERENCES

Reference is hereby made to the following bank or banks as to the financial responsibility of the Contractor.

Name of Bank:_______________________________________________________________

Address:____________________________________________________________________

City and State:_____________________ Phone:__________________________________

Officer familiar with Contractor's account:___________________________________________

BIDDER:

SECTION 6: ACKNOWLEDGEMENT

By signing this Contractor Qualifications Statement, it is understood that the above listed individuals will be assigned to the project should we be the successful bidder. In the event a change in the employment status of the listed individuals occurs between the date of this Statement and the date of the Contract Award, we acknowledge that ESD retains the full right of personnel approval.

On this _________ day of ______________, Name of Organization

By

Printed name of the person signing:

STATE OF }

} ss:

COUNTY OF }

, being duly sworn, deposes and says that s/he is Print Name of Person Signing

__________________________ of ___________________________________________ Title Name of Organization and that the answers to the foregoing questions and all statements therein contained are true and correct.

Sworn before me this _______ day of __________________________, _______

Notary Public

My commission expires:_____________

BIDDER:

ATTACHMENT # 2: AFFIRMATIVE ACTION AGREEMENT

Firm Name:

Business Address:

Telephone No.

Non-discrimination Clauses:

1. The Contractor will not discriminate against any employee or applicant for employment because of race, creed, sex, color or national origin and will take affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, sex, color or national origin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training.

2. The Contractor will send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the State Commission for Human Rights, advising such labor union or representative of the Contractor's agreement under clauses (1) through (7) (hereinafter called "non-discrimination clauses"). If the Contractor was directed to do so by the contracting agency as part of the bid or negotiation of this Contract, the Contractor shall request such labor union or representative to furnish him with a written statement that such labor union or representative will not discriminate because of race, creed, sex, color or national origin and that such labor union or representative either will affirmatively cooperate, within the limits of its legal and contractual authority, in the implementation of the policy and provisions of these non-discrimination clauses or that it consents and agrees that recruitment, employment and the terms and conditions of employment under this Contract shall be in accordance with the purposes and provisions of these non-discrimination clauses. If such labor union or representative fails or refuses to comply with such a request that it furnishes such a statement, the Contractor shall promptly notify the State Commission of Human Rights of such failure or refusal.

3. The Contractor will post and keep posted in conspicuous places, available to employees and applicants for employment, notices to be provided by the State Commission for Human Rights setting forth the substance of the provisions of clauses (1) and (2) and such provisions of the State's laws against discrimination as the State Commission for Human Rights shall determine.

4. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, sex, color or national origin.

5. The Contractor will comply with the provisions of Sections 291-299 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the State Commission for Human Rights under these non-discrimination clauses and such sections of the Executive Law, and will permit access to his books, records and accounts by the State Commission for Human Rights, the Attorney General and the Industrial Commissioner for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law.

BIDDER:

6. This Contract may be forthwith canceled, terminated or suspended, in whole or in part, by the contracting agency upon the basis of a finding made by the State Commission for Human Rights that the Contractor has not complied with these non-discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the State or a public authority or agency of the state, until he satisfies the State Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses.

Such finding shall be made by the State Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members of the Commission. Such sanctions may be imposed and remedies invoked dependently of or in addition to sanctions and remedies otherwise provided by law.

7. The Contractor will include the provisions of clauses (1) through (6) in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within the State of New York. The Contractor will take such action in enforcing such provisions of such subcontract or purchase order as the contracting agency may direct, including sanctions or remedies for non-compliance. If the Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Contractor shall promptly so notify the Attorney General, requesting him to intervene and protect the interests of the State of New York.

Signature (Authorized):

BIDDER:

ATTACHMENT #3: DEBARMENT CERTIFICATE B

THIS FORM MUST BE COMPLETED BY ALL BIDDERS WHOSE TOTAL BID PRICE EXCEEDS

$100,000 AND BY ALL SUBCONTRACTORS AT ANY TIER OF BIDDERS WHOSE

SUBCONTRACTED WORK WILL EXCEED $100,000.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND

VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS

Instructions for Certification:

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction; unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of

BIDDER:

records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND

VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Signature:

BIDDER:

ATTACHMENT #4: CERTIFICATION REGARDING LOBBYING

THIS CERTIFICATE MUST BE COMPLETED IF THE AMOUNT OF THIS AGREEMENT

EXCEEDS $100,000.

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the Federal grant funding the work to be performed pursuant to this Agreement, the undersigned shall complete and submit Standard Form --- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in all subcontracts at all tiers and that all subcontractors shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction, imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Contractor:

Dated:

BIDDER:

ATTACHMENT #5: SUBSTITUTIONS

THE FOLLOWING MATERIALS, PRODUCTS OR EQUIPMENT ARE PROPOSED AS

SUBSTITUTIONS FOR SPECIFIED ITEMS INDICATED. REQUIRED BACKUP DATA WILL

BE SUBMITTED WITHIN 3 WORKING DAYS OF RECEIPT OF REQUEST FOR SAME. WE

AGREE TO ABIDE BY THE ARCHITECT'S DECISION AS TO ACCEPTABILITY OF THE

PROPOSED SUBSTITUTIONS.

1. Specification Section No.:

Section Article or Paragraph No.:

Specified Item:

Proposed Substitution:

2. Specification Section No.:

Section Article or Paragraph No.:

Specified Item:

Proposed Substitution:

3. Specification Section No.:

Section Article or Paragraph No.:

Specified Item:

Proposed Substitution:

4. Specification Section No.:

Section Article or Paragraph No.:

Specified Item:

Proposed Substitution:

5. Specification Section No.:

Section Article or Paragraph No.:

Specified Item:

Proposed Substitution:

ADD SHEETS AS NECESSARY

BIDDER:

BID FORM 000001.2

BID FORM - CONTRACT PACKAGE 2 - SITE CONSTRUCTION / STRUCTURAL REPAIRS

Bid to: NYS Urban Development Corporation d/b/a Empire State Development (“ESD”) Erie Canal Harbor Development Corporation 95 Perry Street, 5th Floor Buffalo, NY 14203

Bid for: ECHDC Buffalo Outer Harbor – Terminal B Safety Improvements

Bid From: Name:

Address:

Phone:

We have examined and fully understand the requirements and intent of all documents released by ESD / ECHDC in connection with the Terminal B Safety Improvements Project, Invitation to Bidders including, but not limited to, the Specifications, Construction Documents and Attachments to the Bid Form listed below, and propose to provide all materials, plans, labor, supplies, equipment, transportation and other facilities necessary or proper for, or incidental to the work, to complete all work in strict accord with the foregoing documents for the Total Lump Sum Base Bid set forth below:

Total Lump Sum Base Bid: $

Total Lump Sum Base Bid (in Words):

UNIT PRICES

Unit Price No. 1: Excavation, Handling, and Off-Site Disposal of Hazardous Contaminated Soil

$ /Ton

Unit Price No. 2: Excavation, Handling, and Off-Site Disposal of Construction and Demolition (C&D) Debris

$ /Ton

BIDDER:

BID ALTERNATES

The Owner reserves the right to accept or reject any Alternate, or any combination of Alternates, in any order, and to award the Contract on the basis of the Total Lump Sum Base Bid alone or in combination with any accepted Alternate(s). State below the amount to be ADDED to the Total Lump Sum Base Bid for each Alternate. Refer to the Specifications and Special Conditions for the complete scope of each Alternate. Each Alternate shall be priced; enter a numeric amount for each item below.

Alternate Description Add to Base Bid S-1 Site Furnishings (Section 323300) ADD $

S-2 Knee Wall Rehabilitation (Sections 039300 and 099000) ADD $

ADDENDA

Receipt of the following Addenda is acknowledged. The Bidder affirms that the Total Lump Sum Base Bid set forth above includes all Addenda listed below:

Addendum Number Date

BIDDER:

ATTACHMENTS TO BID FORM

We have enclosed with this Bid, the following mandatory documentation, fully executed:

1. Contractor Qualifications Statement

2. Affirmative Action Agreement

3. Debarment Certificate B

4. Certification Regarding Lobbying

5. Substitution Sheet

We have used no substitutions except as listed in the Substitution Sheet. We affirm that we are licensed by the City of Buffalo or have an application on file to obtain the minimum required licensing. We affirm that we (and our subcontractors and suppliers) are licensed by governing agencies of jurisdiction to complete the work and possess the requisite capabilities required by all documents released by ESD / ECHDC in connection with the Terminal B Safety Improvements Project, Invitation to Bidders including, but not limited to, the Specifications and Construction Documents, including specific qualifications identified therein, SIGNATURE: CORPORATE SEAL

Firm:

By:

(Signature)

Date:

BIDDER:

ATTACHMENT # 1: CONTRACTOR QUALIFICATIONS STATEMENT

Instructions: For a Bid to be declared responsive, the contractor must complete all sections of the Contractor Qualifications Statement. The signatory of this form guarantees the truth and accuracy of all statements and of all answers to interrogatories hereinafter made. All responses, except signatures, must be typed.

Note the term “you” or “your” and “your firm” indicates the Individual, Corporation, Partnership, Joint Venture (JV) or other entity responding herein.

SECTION 1: GENERAL BIDDER INFORMATION

Name of Contractor:

Address of Principal Office:

Is the responding firm an Individual, Corporation, Partnership, Limited Liability Company, Joint Venture (JV) or Other? If “Other”, please specify.

Contact Information for Principal/Owner:

Name:

Address:

Telephone (1):

Telephone (2):

Email:

Contact Information for Project Manager/Superintendent who will be directly managing the project:

Name:

Address:

Telephone (1):

BIDDER:

Contact Information for individual responsible for preparation of the Bid:

Name:

Address:

Telephone (1):

BIDDER:

SECTION 2: EXPERIENCE AND BACKGROUND OF THE ORGANIZATION

If your organization is a partnership or limited liability company, list names and addresses of partners or members; if a Corporation, list names of officers and directors and the State or Province of Incorporation.

How many years has your organization been in business as a Contractor under your present business name?

Do you presently have any outstanding subcontractor/supplier liens filed against you? ☐ Yes ☐ No

If yes, explain:

Is your organization signatory to a collective bargaining agreement? ☐ Yes ☐ No

Maximum Bonding Capacity:

Name and Address of Surety:

How many years has your organization had in construction work, similar to the work specified, as a:

General Contractor? Subcontractor?

BIDDER:

List several projects your organization has completed during the last five (5) years that are similar to the specified work. Project experience should relate to accelerated work schedules, completion of projects under critical deadlines, completion of projects under critical deadlines, projects where adjacent buildings, utilities, infrastructure, and communities required protection during the work. The work listed shall have been completed under the supervision of the individuals included in Section 1 of this questionnaire (Individuals directly responsible for work under this project): Add additional sheets if necessary:

Client

Principal Contact Telephone

Location of Work

Client

Principal Contact Telephone

Location of Work

BIDDER:

Location of Work

Location of Work

BIDDER:

Will your organization complete at least 50% of the work with in-house staff and/or labor forces?

☐ Yes ☐ No

Do you intend to use sub-contractors for any portions of the work? ☐ Yes ☐ No

If so which portions?

Have you ever failed to complete any work awarded to you? ☐ Yes ☐ No

Has any officer or partner of your organization ever been an officer or partner of some other organization that failed to complete a construction contract? ☐ Yes ☐ No

If so, state name of individual, other organization and reason:

Has any officer or partner of your organization ever failed to complete a construction contract handled in his own name? ☐ Yes ☐ No

If so, state name of individual, name of Owner and reason:

For what corporation or individuals have you performed work? Cite reference.

For what cities have you performed work? Cite reference.

For what States or Provinces have you performed work? Cite reference.

For what State Bureaus or Departments have you performed work? Cite reference.

BIDDER:

Have you ever performed any work for the U.S. Government? ☐ Yes ☐ No

Have you ever performed any work for the Canadian Government? ☐ Yes ☐ No

If so, when and to whom do you refer?

How would you classify your record on Affirmative Action, including Minority Subcontracting, Minority Hiring and Minority Training?

Provide a listing of projects (with references) where Affirmative Action requirements were specified.

In what other lines of business do you have a financial interest?

BIDDER:

SECTION 3: SAFETY RECORD OF THE ORGANIZATION

Has your organization been cited for any safety violations within the last 5 years? ☐ Yes ☐ No

If yes, list the year, citing agency and brief description of each violation:

BIDDER:

SECTION 4: CONTRACTOR'S BUSINESS REFERENCES

Provide a list of references: List only engineers, other contractors, architects, or owners, including public agencies for whom you have done work. Include references for projects where mandatory minority participation was included.

Principal Contact:

Firm or Agency

Address

Address

Address

Address

BIDDER:

Address

Address

Address

BIDDER:

SECTION 5: CONTRACTOR’S FINANCIAL REFERENCES

Reference is hereby made to the following bank or banks as to the financial responsibility of the Contractor.

BIDDER:

SECTION 6: ACKNOWLEDGEMENT

By signing this Contractor Qualifications Statement, it is understood that the above listed individuals will be assigned to the project should we be the successful bidder. In the event a change in the employment status of the listed individuals occurs between the date of this Statement and the date of the Contract Award, we acknowledge that ESD retains the full right of personnel approval.

On this _________ day of ______________, Name of Organization

By

Printed name of the person signing:

STATE OF }

} ss:

COUNTY OF }

, being duly sworn, deposes and says that s/he is Print Name of Person Signing

__________________________ of ___________________________________________ Title Name of Organization and that the answers to the foregoing questions and all statements therein contained are true and correct.

Sworn before me this _______ day of __________________________, _______

Notary Public

My commission expires:_____________

BIDDER:

ATTACHMENT # 2: AFFIRMATIVE ACTION AGREEMENT

Firm Name:

Business Address:

Telephone No.

Non-discrimination Clauses:

1. The Contractor will not discriminate against any employee or applicant for employment because of race, creed, sex, color or national origin and will take affirmative action to insure that they are afforded equal employment opportunities without discrimination because of race, creed, sex, color or national origin. Such action shall be taken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training.

2. The Contractor will send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the State Commission for Human Rights, advising such labor union or representative of the Contractor's agreement under clauses (1) through (7) (hereinafter called "non-discrimination clauses"). If the Contractor was directed to do so by the contracting agency as part of the bid or negotiation of this Contract, the Contractor shall request such labor union or representative to furnish him with a written statement that such labor union or representative will not discriminate because of race, creed, sex, color or national origin and that such labor union or representative either will affirmatively cooperate, within the limits of its legal and contractual authority, in the implementation of the policy and provisions of these non-discrimination clauses or that it consents and agrees that recruitment, employment and the terms and conditions of employment under this Contract shall be in accordance with the purposes and provisions of these non-discrimination clauses. If such labor union or representative fails or refuses to comply with such a request that it furnishes such a statement, the Contractor shall promptly notify the State Commission of Human Rights of such failure or refusal.

3. The Contractor will post and keep posted in conspicuous places, available to employees and applicants for employment, notices to be provided by the State Commission for Human Rights setting forth the substance of the provisions of clauses (1) and (2) and such provisions of the State's laws against discrimination as the State Commission for Human Rights shall determine.

4. The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, sex, color or national origin.

5. The Contractor will comply with the provisions of Sections 291-299 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the State Commission for Human Rights under these non-discrimination clauses and such sections of the Executive Law, and will permit access to his books, records and accounts by the State Commission for Human Rights, the Attorney General and the Industrial Commissioner for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law.

BIDDER:

6. This Contract may be forthwith canceled, terminated or suspended, in whole or in part, by the contracting agency upon the basis of a finding made by the State Commission for Human Rights that the Contractor has not complied with these non-discrimination clauses, and the Contractor may be declared ineligible for future contracts made by or on behalf of the State or a public authority or agency of the state, until he satisfies the State Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses.

Such finding shall be made by the State Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and an opportunity has been afforded him to be heard publicly before three members of the Commission. Such sanctions may be imposed and remedies invoked dependently of or in addition to sanctions and remedies otherwise provided by law.

7. The Contractor will include the provisions of clauses (1) through (6) in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within the State of New York. The Contractor will take such action in enforcing such provisions of such subcontract or purchase order as the contracting agency may direct, including sanctions or remedies for non-compliance. If the Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Contractor shall promptly so notify the Attorney General, requesting him to intervene and protect the interests of the State of New York.

Signature (Authorized):

BIDDER:

ATTACHMENT #3: DEBARMENT CERTIFICATE B

THIS FORM MUST BE COMPLETED BY ALL BIDDERS WHOSE TOTAL BID PRICE EXCEEDS

$100,000 AND BY ALL SUBCONTRACTORS AT ANY TIER OF BIDDERS WHOSE

SUBCONTRACTED WORK WILL EXCEED $100,000.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND

VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS

Instructions for Certification:

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction; unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of

BIDDER:

records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND

VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Signature:

BIDDER:

ATTACHMENT #4: CERTIFICATION REGARDING LOBBYING

THIS CERTIFICATE MUST BE COMPLETED IF THE AMOUNT OF THIS AGREEMENT

EXCEEDS $100,000.

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the Federal grant funding the work to be performed pursuant to this Agreement, the undersigned shall complete and submit Standard Form --- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in all subcontracts at all tiers and that all subcontractors shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction, imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Contractor:

Dated:

BIDDER:

ATTACHMENT #5: SUBSTITUTIONS

THE FOLLOWING MATERIALS, PRODUCTS OR EQUIPMENT ARE PROPOSED AS

SUBSTITUTIONS FOR SPECIFIED ITEMS INDICATED. REQUIRED BACKUP DATA WILL

BE SUBMITTED WITHIN 3 WORKING DAYS OF RECEIPT OF REQUEST FOR SAME. WE

AGREE TO ABIDE BY THE ARCHITECT'S DECISION AS TO ACCEPTABILITY OF THE

PROPOSED SUBSTITUTIONS.

1. Specification Section No.:

Section Article or Paragraph No.:

Specified Item:

Proposed Substitution:

2. Specification Section No.:

Section Article or Paragraph No.:

Specified Item:

Proposed Substitution:

3. Specification Section No.:

Section Article or Paragraph No.:

Specified Item:

Proposed Substitution:

4. Specification Section No.:

Section Article or Paragraph No.:

Specified Item:

Proposed Substitution:

5. Specification Section No.:

Section Article or Paragraph No.:

Specified Item:

Proposed Substitution:

ADD SHEETS AS NECESSARY

REVISED MARCH 2018

SCHEDULE A

CONDITIONS APPLICABLE TO THE CORPORATION’S AGREEMENTS

FOR SERVICES/MATERIALS

ARTICLE 1

GENERAL TERMS

1.1 THE CORPORATION. As used herein, the “Corporation” shall mean the New York State Urban

Development Corporation d/b/a Empire State Development (“ESD”) unless the Contract for Materials/Services of which this Schedule A forms a part has been entered into by a subsidiary entity of ESD, in which case the

“Corporation” shall mean such subsidiary.

1.2 SUPERVISION BY THE CORPORATION. The services to be performed by Contractor under this

Agreement shall be subject to the general supervision and direction of the Corporation provided that neither the

Corporation's exercise nor failure to exercise such supervision and direction shall relieve the Contractor of any of its obligations or responsibilities for its acts or failure to act in regard to this Agreement.

1.3 CONTRACTOR'S REPRESENTATIVE. The Contractor shall designate in writing to the Corporation one individual, satisfactory to the Corporation, who shall be responsible for coordinating all of the services to be rendered by the Contractor and who shall be the Corporation's normal point of contact with the Contractor on matters relating to such services. Such individual shall be replaced upon the Corporation's written request.

1.4 CORPORATION'S REPRESENTATIVE. The Corporation shall designate to the Contractor an individual who will serve as the Corporation's Representative and normal point of contact for the Contractor in regard to this Agreement and the Contractor's services and obligations hereunder. The Corporation may from time to time change this designation.

1.5 CONTRACTORS AS INDEPENDENT CONTRACTOR. Notwithstanding any other provisions of this

Agreement, the Contractor's status (and that of any Subcontractor) shall be that of independent contractor and not that of an agent or employee of the Corporation. Accordingly, neither the Contractor nor any Subcontractor shall hold itself out as, or claim to be acting in the capacity of, an employee or agent of the Corporation.

1.6 APPROVAL OF SUBCONTRACTORS.

(a) The Contractor shall not employ, contract with or use the services of any consultant, special contractors, or other third parties (collectively "Subcontractor") in connection with the performance of its obligations under this Agreement without the prior written consent of the Corporation. The Contractor shall inform the Corporation in writing of the name, proposed service to be rendered, and compensation of the Subcontractor, and of any interest the Contractor may have in the proposed Subcontractor.

Approval shall not be…